Probate and Estate Administration
Losing someone close to you is never easy. At a time when you may be grieving, you may also be expected to deal with banks, property, paperwork, tax, beneficiaries and legal responsibilities. This can feel overwhelming, particularly if you have never dealt with an estate before.
Our probate and estate administration team is here to make the process clearer, calmer and more manageable. We guide executors, administrators and families through each stage, explaining what needs to happen, what your responsibilities are, and how the estate can be dealt with properly.
We can support you with the whole estate administration process from start to finish, or we can assist with specific parts of the process if you would prefer to remain more involved.
What is Probate?
Probate is the legal process of dealing with a person’s estate after they have died. This usually involves identifying and valuing their assets, dealing with any debts or tax, applying for the legal authority to administer the estate, and then distributing the estate to the people entitled to receive it.
If the person who died left a valid Will, the executors named in the Will usually apply for a Grant of Probate.
If there is no Will, the person entitled to deal with the estate will usually apply for Letters of Administration. The estate is then distributed under the intestacy rules, which set out who is entitled to inherit.
Not every estate requires a formal probate application. This will depend on the assets involved, how they were owned, and the requirements of the banks, financial institutions or other organisations holding the assets. We can advise you on whether a Grant is likely to be needed.
How we can help
We can assist with:
- advising executors and administrators on their duties;
- checking whether probate is required;
- identifying and valuing estate assets and liabilities;
- preparing inheritance tax forms where required;
- applying for the Grant of Probate or Letters of Administration;
- dealing with banks, building societies, investment providers and other institutions;
- arranging payment of debts, funeral expenses and estate liabilities;
- liaising with HMRC where inheritance tax issues arise;
- dealing with estate property, including working alongside conveyancing solicitors where a sale or transfer is required;
- preparing estate accounts;
- distributing the estate to the correct beneficiaries; and
- advising where there are practical or legal complications.
We aim to take the administrative burden away from you, while keeping you informed in clear, straightforward language throughout.
When it may be helpful to instruct a solicitor
Some estates are simple, but others can become complicated quickly. Legal advice can be particularly important where:
- there is a property in the estate;
- inheritance tax may be payable;
- there are several beneficiaries;
- there is no Will;
- the Will contains a trust;
- there are business assets, foreign assets or complex investments;
- there are concerns about claims against the estate;
- family members disagree; or
- you are unsure about your duties as an executor or administrator.
Executors and administrators can be personally responsible if an estate is administered incorrectly. Getting advice at an early stage can help avoid mistakes, delays and disputes later on.
If there is no Will
Where someone dies without a valid Will, their estate is dealt with under the intestacy rules. These rules decide who is entitled to inherit and who can apply to deal with the estate.
This can sometimes produce unexpected results, particularly for unmarried partners, stepchildren, blended families or separated spouses. We can explain who is entitled to act, who is entitled to inherit, and what steps need to be taken to administer the estate correctly.
How long does probate take?
Every estate is different. A straightforward estate where there is a valid Will, no inheritance tax to pay, no disputes, and no delays with asset holders may take around 9 to 12 months to administer fully.
The timescale can be longer where there is property to sell, inheritance tax to resolve, missing information, family disputes, foreign assets, trusts, business interests or delays from banks, HMRC, the Probate Registry or other third parties.
We will give you a realistic estimate at the outset and keep you updated as the matter progresses.
Probate fees and transparency information
For details of our likely costs, what is included in our probate service, what is not included, likely disbursements, key stages, timescales, and information about the people who may work on your matter, please see our Probate Fees and Service Information page.
Contact us now
Give us a call, or send us an email today to find out how we can help you.